AN EVALUATION OF SUPERVISED ACCESS III

Although supervised access has become a more frequently used option within the custody and access domain over the last 10 years, no empirical literature has examined supervised access from the standpoint of its effect on the legal system. As part of a large-scale evaluation of Ontorio's Supervised Access Pilot Project, the present study sought the perceptions of the legal community and the courts regarding supervised access centers. A total of 14 lawyers and 13 judges participated in semistructured telephone interviews concerning supervised access cases in general, the function and impact of the supervised access program in their community, and their satisfaction with and recommendations regarding the center. Both lawyers and judges expressed high levels of satisfaction with the centers and believed that their availability resulted in savings to the legal system and reductions in hostility and conflict between parents. Implications and limitations of the study are discussed.     

AN EVALUATION OF SUPERVISED ACCESS II

Two studies examined reactions of family members to supervised access (SA) services. In Study 1, 121 users of SA services were interviewed about their satisfaction. A subsample was interviewed about family relationships and children's well-being, at Time 1 and 5 months later. In Study 2, 29 children attending SA services were interviewed. Results showed that both custodial and noncustodial parents were very satisfied with the centers. There was no evidence that relationships between ex-spouses or their attitudes toward one another improved over a 5-month period. Children attending centers showed a high level of externalizing symptomatology. Children were positive about their experiences, although older children felt that the centers were not well equipped for their age group. Although the aim of centers is to provide a safe place for children, some children still experience emotionally disturbing events. Most children had little understanding about why they were attending centers.     

AN EVALUATION OF SUPERVISED ACCESS I

This study describes the Supervised Access Pilot Project, implemented in 14 locations in Ontario, from the perspective of those offering the service and community organizations whose members use the service. Two services were offered: visits and exchanges. The average cost of a visit varied considerably across centers (range $15 to $309), a result that is partly attributable to economies of scale. Centers in large urban centers were more cost-efficient than those situated in small communities. Centers provided neutral and safe circumstances for visiting. Only 1.6 serious rule violations occurred during every 1,000 visits. It was estimated that about 3 out of every 10,000 persons used the service. Intake and safety procedures, essential to the smooth running of the centers, have been outlined. Staff fell that they would benefit from increased training in the areas of conflict resolution and the effects of divorce on family members.     

ASSESSMENTS OF RISK AND BEHAVIORAL EXPERIENCE: AN EXPLORATORY STUDY OF CHANGE

This study examines the relationship between assessments of the risk of punishment and self-reported involvement in three illegal behaviors in a sample of college-aged respondents. It is found that those respondents who had not yet committed a particular offense were more likely to perceive a greater certainty of punishment than those with experience in committing the offense. For two of three offenses the effect of becoming involved in offending had a more substantial impact on the perceptions of those respondents with both experience in offending and high perceived certainty of punishment than on those who had experience and less pessimistic estimates of risk Finally, a multivariate analysis of the relationship between behavioral and perceptual change reveals that each variable affects the other even when other sources of change are controlled. The importance of the findings for the deterrence doctrine are discussed.     

AN EXPLORATORY STUDY OF EXITING FROM CRIMINAL CAREERS

This paper explores the process of exiting from criminal careers through unstructured interviews with twenty nonprofessional property offenders. he findings suggest that (I) exiting is motivated by the deterrent force of imprisonment and the offender's desire to “settle down”; (2) success in exiting revolves around the establishment of a social bond to the conventional world. In general, these findings support social control as a theory of criminal behavior.     

ASSESSING FOR ALIENATION IN CHILD CUSTODY AND ACCESS EVALUATIONS

In-depth child custody evaluations can be critical in forming an accurate understanding of families in which alienation of children is a concern. By integrating interview and psychological test data of parents and children along with collateral information the evaluator can differentiate an alienated child from children with other forms of parental rejection and can form a thorough understanding of the multiple contributants to the alienation. This comprehensive and integrated understanding is then used to develop a clear and specific intervention plan.     

ASSESSING FOR ALIENATION AND ACCESS IN CHILD CUSTODY CASES

Alienated children in high-conflict (HC) custody cases differ from nonalienated children in HC custody cases. Efforts to assess and differentiate between the children should focus first, on establishing what differences do exist and then on what psychometrics are of most help in the assessment. Five categories of HC children and areas where HC children are all alike and where alienated and nonalienated children differ are reviewed. Psychometrics appropriate for the tasks of research and evaluation are proposed.     

ATTORNEYS' OPINIONS REGARDING CHILD CUSTODY MEDIATION AND ASSESSMENT SERVICES

Family attorneys (N = 161) completed a questionnaire about mediation and assessment of child custody issues. Comparisons by gender, years of family law practice, and status as a mediator revealed more similarities than differences among attorneys. There were gender differences in the strength of conviction of the importance of attending to abuse issues in mediation and assessment, with female attorneys holding stronger views than did their male counterparts. There were few differences among the opinions of lawyers based on their years of experience or their training in mediation, although, compared to nonmediators, mediators rated the positive effects of mediation more highly.     

ASSESSING MUTUAL PARTNER-ABUSE CLAIMS IN CHILD CUSTODY AND ACCESS CASES

This article explores issues associated with mutual claims of domestic violence in the context of research on gender and violence, and in the context of litigation tactics commonly employed by perpetrators in child custody and access cases. Quotations from parents involved in such cases illustrate why accurate assessment of mutual cliams requires complete information about social context and the analysis of patterns of domination, power and control in the relationship over time. Recent developments in Canadian law ought to enhance the ability of judges to take such evidence into account. The article aims to provide a lens through which to understand and assess such cases.     

AN EXPLORATORY STUDY OF THE VIOLENT VICTIMIZATION OF WOMEN: RACE/ETHNICITY AND SITUATIONAL CONTEXT*

Although much has been learned in recent years about the victimization experiences of women, there remains a considerable knowledge gap with respect to the victimization of women of different racial and ethnic backgrounds. In order to confront this issue, we use the large number of cases available in the National Crime Victimization Survey (1992–2000) to examine the risk and protective factors associated with violent victimization among non‐Hispanic white, non‐Hispanic black, Hispanic, Asian/Pacific Islander, and Native American women. We then describe in more detail the violent incidents against these women, looking for distinguishing patterns across groups. Our results are useful for fine‐tuning theories of victimization to explain variance in violence for females across racial and ethnic subgroups.     

INDEPENDENT LEGAL REPRESENTATION FOR CHILDREN IN CUSTODY AND ACCESS CASES

In this article, the author discusses the role of children's representation in custody and access cases, and in particular, considers whether the Stobridge case came to a correct determination of the most appropriate role for children's counsel. The three possible modes of child representation are considered: amicus curiae, litigation guardian, and advocate. The role of amicus curiae is rejected because it does not provide the child with an opportunity to be heard, thus defeating the purpose of representation. The role of litigation guardian is rejected on the basis that the guardian does not advocate the child's interests unless they are consistent with that of the guardian. The author concludes that Stobridge was correctly decided, and that the role of children's counsel in a custody or access dispute in which the children are capable of directing counsel should be that of advocate.     

PARTICIPANTS’ EVALUATIONS OF ASPECTS OF THE LEGAL CHILD CUSTODY PROCESS AND PREFERENCES FOR COURT SERVICES

Domestic relations courts continue to experience large caseloads. As the volume of cases in which families are in crisis continues to grow, policy makers, practitioners, judges, and attorneys struggle to meet the growing demand and seek more effective ways to address the needs and issues of those who are engaged in child custody processes. The present study provides an examination of parent attitudes concerning various aspects of the legal process and preferences concerning a variety of court‐based family services and interventions.     

PROBLEMS AND SOLUTIONS IN THE MANAGEMENT OF CHILD ABUSE ALLEGATIONS IN CUSTODY AND ACCESS DISPUTES IN THE FAMILY COURT

Child abuse allegations in custody and access disputes are serious matters and present family courts worldwide with major problems. This article reports a large research study just completed that investigated the way the Family Court of Australia managed child abuse cases. The study showed that such cases had become a substantial part of the court's current workload, their "core business" in fact. The families involved had many difficulties, including a history of family violence, and the present system was not appropriate for their particular problems. Thus, as new specialized court lead model of intervention was devised, based on principles relevant to family violence and incorporating the most effective strategies identified in the research.     

THE ART AND SCIENCE OF CHILD CUSTODY EVALUATIONS

Should a child custody evaluation be a clinical tool informed by forensic methods and procedures or a forensic tool informed by clinical experience? The authors conclude that an evaluation requires a delicate blend of scientific thinking, clinical understanding, through observations, appropriate use of psychological tests, and self‐report measures and information from sufficient collateral sources. Evaluators must pay attention to internal biases and integrate them with the relevant literature. Finally, evaluators must remember that their evaluation and reports will be used by both the courts and the family in reaching a decision on behalf of the children.